Family Court in Barrie, Ontario: Filing, Hearings and First Steps

If you live in Simcoe County and your relationship has ended, one of the first questions is practical: which court deals with this, and what happens first? In Barrie, the answer is simpler than in many parts of Ontario, because one court can hear most family issues in one place.

This article explains how a family case generally starts in Barrie, the paperwork and early steps you can expect, and where mediation fits in. It is general information, not advice on your own situation.

Which court hears family cases in Barrie

The Family Court branch of the Superior Court of Justice, also called the Unified Family Court, sits in 25 locations, and Barrie is one of them. All family law issues can be heard there.

That matters because family problems often overlap. In a Family Court branch you do not need to split a divorce, property claim and parenting dispute between different courts. In other places, the Superior Court of Justice hears divorce, family property division, matrimonial home claims, trust and unjust enrichment claims, parenting, and child and spousal support, while the Ontario Court of Justice hears parenting, support, support enforcement, adoption and child protection but not divorce or property.

Where you start the case

Generally, you start the case in the municipality where you or your spouse lives. If parenting time or decision-making responsibility is involved, the municipality where the children live may apply instead.

If you and your spouse live in different places, or the children live somewhere other than either parent, the choice of location can be less obvious. A lawyer or the court office can confirm where your case belongs.

How a case starts and moves forward

A family case starts with an application, which is Form 8, Form 8A or a joint application. The respondent has 30 days to serve and file an Answer (Form 10), or 60 days if they live outside Canada and the United States. The applicant then has 10 days to file a Reply (Form 10A).

Financial statements are also part of the process. Form 13 is used for support claims and Form 13.1 for property or debt claims. Because Barrie is a Unified Family Court location, a first appearance before the clerk is required, and the clerk usually sets a case conference date.

There are no fixed timelines for the conference steps in the court guide. How long your case takes depends on the court's workload, the issues and how many conferences are needed.

The Mandatory Information Program and mediation

Ontario's family court guide does not make mediation mandatory before a case, but it does require an early step: the Mandatory Information Program (MIP), where parties learn about dispute resolution options. You must attend a MIP session before your first appearance or case conference, and no later than 45 days after the case starts.

• You may not need the MIP if you already attended one for this or another case, or if you agree on all matters.
• It may not be required if the case involves only divorce, costs, an existing agreement or order, or family arbitration.
• A judge can excuse attendance if your circumstances are urgent or attending would cause you hardship.

Mediation itself is voluntary, and the mediator is a neutral third party who does not take sides, make decisions or give legal advice. In a divorce proceeding, parties must try to resolve matters through a family dispute resolution process, to the extent it is appropriate. Mediators screen each person separately to confirm an equal negotiating position, which matters if there has been abuse or a power imbalance.

What to do next

• Confirm where you and your children live, since that affects where the case is started.
• Gather income, debt, asset and parenting information so you can complete the financial statement that fits your claims.
• If you have been served, note the date right away, because the Answer deadline is generally 30 days.
• Contact the Family Law Information Centre at the courthouse for information on separation, divorce and dispute resolution.
• Check ontariocourts.ca for current local practice directions and courthouse contacts, since these change.
• Speak with a lawyer about your own facts before filing or responding.

Frequently asked questions